02/21/2012 05:39:12 PM EST
Alabama Supreme Court Says Medicare Act Preempts Claims, Dismissal Warranted
MONTGOMERY, Ala. The Alabama Supreme Court on Feb. 17 directed a lower court to dismiss a challenge over benefits payable under a Medicare managed care health plan, saying that the Medicare Act expressly preempted the plaintiff's state law claims and that exhaustion was required before bringing suit (Ex parte Blue Cross and Blue Shield of Alabama; (In re: Maine & Associates Inc. v. Blue Cross and Blue Shield of Alabama, No. 1101464, Ala. Sup.; 2012 Ala. LEXIS 16).
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